A recent tribunal has considered whether an air kiss can be deemed to be sexual harassment.An “air kiss” is defined as a greeting from a distance with a kissing motion of the lips.In the case, the employee, Miss Chen argued that her manager at Cut Your Wolf Loose, a whisky bar in Brighton had sexually harassed her. Miss Chen started working at the bar in September 2021 and alleged her manager had kissed her on the neck in September and October 2021. The allegation was denied by the manager who stated he had given Miss Chen an “air kiss.”The tribunal found that “the most likely factual scenario here to be that [the manager] gave the Claimant an “air kiss” after hugging her and that she misinterpreted this as a sexual advance."The tribunal did not deem an air kiss to be unwanted conduct of a sexual nature. It clarified that even if the air kiss were sexual, “it is not at a level, even taking into account the Claimant’s perception, where it was reasonable for it to have the prescribed effect on the Claimant."Therefore, the air kiss did not meet the definition of sexual harassment and Miss Chen’s claim was dismissed.<h3 id="0544980c-571e-40d4-bd1e-c20eb10fd04c" data-toc-id="0544980c-571e-40d4-bd1e-c20eb10fd04c">Learnings from the case</h3>The case is a reminder of just how easy it can be for a misunderstanding and different perceptions to result in a lengthy legal process. The Worker Protection (Amendment of Equality Act 2010) Act 2023 that came into force on 26 October 2024 introduced the duty for employers to take reasonable steps to prevent sexual harassment within their workplaces.&nbsp;Tips for employers to consider:<ul><li>Update your Harassment and Bullying Policy – make sure it explains what sexual harassment means and gives examples of what your organisation may deem to be sexual harassment. This will give employees a broad understanding of the range of behaviours that may be identified as sexual harassment.</li><li>Training – run annual training events to ensure your employees know the content of your policy, what your organisation deems to be sexual harassment and to build awareness of the impact of their conduct on colleagues, clients, suppliers and members of the public.</li><li>Reporting – ensure employees know how to report concerns about sexual harassment whether that be as conduct towards them or conduct they witness.</li><li>Designate – a point of contact for all employees to approach with a concern about sexual harassment.</li><li>Investigate – ensure all concerns of sexual harassment are documented and fully investigated. Report back a summary of your findings to the employee who raised the concern</li><li>Take internal action – follow your disciplinary procedure and ensure you take appropriate action against an employee where the evidence shows they have a case to answer regarding alleged sexual harassment.</li></ul>

A recent tribunal has considered whether an air kiss can be deemed to be sexual harassment.

Is an "air kiss" sexual harassment?

Improving and strengthening company health and safety policies and processes is crucial for UK companies to prepare and compete in 2025.With January drawing to a rapid close, here are some key strategies for companies to review or implement to enhance their health and safety protocols:<h3 id="a0788b25-a4bb-4839-8a84-f6a7c28827b1" data-toc-id="a0788b25-a4bb-4839-8a84-f6a7c28827b1">Promote regular risk assessments and audits</h3><ul><li>Update risk assessments regularly to reflect changes in the workplace environment, such as the introduction of new technology, equipment, or practices. Ensuring that all potential hazards are identified and mitigated is key.</li><li>Regular audits of health and safety practices, alongside feedback from employees, can highlight areas for improvement.</li></ul><h3 id="ba751ac9-e86e-44d9-a0b0-7182e9605ccb" data-toc-id="ba751ac9-e86e-44d9-a0b0-7182e9605ccb">Promote safety culture and employee involvement</h3><ul><li>Establish a culture where health and safety are a shared responsibility. Empower employees to speak up about concerns and contribute to safety decision-making processes.</li><li>Reward safe behaviour and recognise individuals or teams who go above and beyond to ensure safety in the workplace.</li></ul><h3 id="911e5f20-2b36-4fb8-8c89-ad0d2efb9bb1" data-toc-id="911e5f20-2b36-4fb8-8c89-ad0d2efb9bb1">Strengthen mental health support</h3><ul><li>The mental health of employees should be treated with the same priority as physical health. This can be achieved by providing accessible mental health resources, including counselling and stress management workshops, as well as promoting a healthy work-life balance.</li><li>Encourage open communication and remove any stigma surrounding mental health in the workplace.</li></ul><h3 id="5efebb08-9270-4a37-bbf8-744812ddf825" data-toc-id="5efebb08-9270-4a37-bbf8-744812ddf825">Training and upskilling</h3><ul><li>Continuous training: Ensure employees are regularly trained on health and safety policies, including new risks and safety techniques. This training should be updated to reflect changes in workplace practices, technologies and legislation.</li><li>Practical drills: Run emergency response drills, especially for situations like fires, evacuations, or accidents, so that employees are always prepared.</li></ul><h3 id="f73f0d4c-59dd-4ffe-97a5-48f12bc42248" data-toc-id="f73f0d4c-59dd-4ffe-97a5-48f12bc42248">Promote safety culture and employee involvement</h3><ul><li>Establish a culture where health and safety are a shared responsibility. Empower employees to speak up about concerns and contribute to safety decision-making processes.</li><li>Reward safe behaviour and recognise individuals or teams who go above and beyond to ensure safety in the workplace.</li></ul><h3 id="dbcad014-09c5-4c83-8e7d-bf575aa4919a" data-toc-id="dbcad014-09c5-4c83-8e7d-bf575aa4919a">Compliance with evolving regulations</h3><ul><li>Stay updated with any changes in health and safety legislation, including the UK Health and Safety Executive’s (HSE) guidance, and ensure your policies are in full compliance.</li><li>Review and update policies in response to emerging trends, such as new work hazards, environmental sustainability issues or legislative changes.</li></ul><h3 id="0f3d8011-997a-4a15-8639-caca49d63020" data-toc-id="0f3d8011-997a-4a15-8639-caca49d63020">Sustainability and environmental safety</h3><ul><li>Focus on environmental health and safety. This includes ensuring that employees are not exposed to harmful chemicals or pollutants and promoting sustainability by reducing waste, recycling, and minimising environmental risks in the workplace.</li></ul><h3 id="a8311009-35e5-493a-b166-e75161d6cf07" data-toc-id="a8311009-35e5-493a-b166-e75161d6cf07">Crisis management planning</h3><ul><li>Prepare for possible health crises, such as pandemics, through clear contingency plans, regular updates and a proactive approach to employee health and safety during emergencies.</li><li>Ensure that policies are flexible and can be adapted quickly to rapidly changing circumstances.</li></ul><h3 id="02b25929-0c23-4963-bb12-5307e139d2bd" data-toc-id="02b25929-0c23-4963-bb12-5307e139d2bd">Integrate technology and automation</h3><ul><li>AI and IoT: Utilize AI and IoT devices for real-time monitoring of health and safety standards. For instance, wearable sensors can track workers’ vitals or environmental factors like temperature, air quality, and noise levels, alerting managers to potential risks.</li><li>Data analytics: Use data analytics to identify patterns of accidents or near misses, enabling companies to address recurring risks proactively.</li></ul>Improving and strengthening company health and safety policies and processes in UK companies is about creating a safer work environment. By adopting these strategies, UK companies can not only create a safer and healthier work environment but also demonstrate their commitment to employee wellbeing, which can improve morale, productivity, and compliance.Consider integrating health and safety with other business areas. This could mean aligning policies with quality control or finance. Such integration can lead to a more seamless and efficient workplace.

Improving and strengthening company health and safety policies and processes is crucial for UK companies to prepare and compete in 2025.

Positive and proactive health and safety start to 2025

Recent research for Admiral has found that Generation Z employees tend to seek out long-term tenure and stability in their careers.Generation Z (the demographic who were born between 1996 and 2010) were found to rank financial security and stability with a single employer as key factors in job selection.Gen Z will remain in a role for an average of seven years whereas earlier generations spend an average of 3.5 years in postsThe drivers for preferring long-term employers is a need for stability against a backdrop of economic and political uncertainty. The research found that 50% of this cohort sought roles with a work-life balance. Whereas Baby Boomers (those born between 1946 to 1964) were far less impacted by external events when choosing a job and did not prioritise more stable careers.The research found that Gen Z focused on employers that provided flexibility and opportunities to upskills. For Baby Boomers they placed the most value on loyal employers that act with integrity.Gen Z employees want to be valued and have access to opportunities within one company. They want to stay with an organisation, have opportunities to upskill and experience different roles. They seek employers that will support their interests outside of work and provide financial security.In contrast Millennials (those born between 1980 and 1995) are more likely to prioritise work-life balance over career advancement. The research also showed this cohort have a slightly higher tendency than Gen Z to favour mental health support over professional development.<h3 id="34b52148-9cc0-476d-8594-478f986b5868" data-toc-id="34b52148-9cc0-476d-8594-478f986b5868">Implications for employers</h3>The research provides key pointers for employers to consider when engaging with the Generation Z workforce.Generation Z are seeking financial stability plus opportunities for learning, growth and development.&nbsp;Therefore, to retain employees in the Gen Z cohort employers should consider the following:<ul><li>Offer upskilling opportunities, access to training and development assignments</li><li>Define career progression routes and build skills matrices to plan development</li><li>Offer internal mobility to experience different roles within the organisation</li><li>Offer a work-life balance</li><li>Ensure pay are rewards are in line with individual progression</li><li>Build a support workplace where employees can feel they belong and have a purpose</li></ul>

Recent research for Admiral has found that Generation Z employees tend to seek out long-term tenure and stability in their careers. 

Gen Z employees seek long term roles and stable careers – How can employers secure their services?

On 6th April 2025 a new right to Neonatal Care Leave (NCL) and pay will come into effect and is expected to benefit about 60,000 new parents each year.The new right to additional time off will be a day one right and it will apply to employees with children who are born on or after 6th April 2025.NCL will apply to employees who are the parents of a baby who is admitted into neonatal care within the first 28 days of birth and have a continuous stay in hospital of seven days or longer. Eligible parents will be entitled to up to 12 weeks of leave and can take a minimum of 1 week.To qualify for paid NCL an employee will need to have been employed for a minimum of 26 weeks prior to the leave being requested. Employees who do not have 26 weeks service will still be entitled to the leave but not the pay.We are expecting the weekly rate of pay to be the same as other family-related statutory pay such as for maternity and paternity leave.The new right will be in addition to existing parental leave such as maternity leave and paternity leave.We are still waiting for the Government to publish the regulations on Neonatal Care Leave and once these are released, we will provide further advice and guidance to our HR members.

On 6th April 2025 a new right to Neonatal Care Leave (NCL) and pay will come into effect and is expected to benefit about 60,000 new parents each year. 